Us Code § 626 - Acceptance of promotions; oath of office

Full text of Us Code United States Code § 626 — Acceptance of promotions; oath of office, with citation guidance and answers to common questions.

§ 626. Acceptance of promotions; oath of office

(a) An officer who is appointed to a higher grade under section 624 of this title is considered to have accepted such appointment on the date on which the appointment is made unless he expressly declines the appointment.

(b) An officer who has served continuously since he subscribed to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appointment to a higher grade under section 624 of this title.

(Added Pub. L. 96–513, title I, §105, Dec. 12, 1980, 94 Stat. 2858.)


Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title.

SUBCHAPTER III—FAILURE OF SELECTION FOR PROMOTION AND RETIREMENT FOR YEARS OF SERVICE

Sec.
627.
Failure of selection for promotion.
628.
Special selection boards.
628a.
Special selection review boards.
629.
Removal from a list of officers recommended for promotion.
630.
Discharge of commissioned officers with less than six years of active commissioned service or found not qualified for promotion for first lieutenant or lieutenant (junior grade).
631.
Effect of failure of selection for promotion: first lieutenants and lieutenants (junior grade).
632.
Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy.
633.
Retirement for years of service: regular and Space Force lieutenant colonels; regular Navy commanders.
634.
Retirement for years of service: regular and Space Force colonels; regular Navy captains.
635.
Retirement for years of service: regular and Space Force brigadier generals; regular Navy rear admirals (lower half).
636.
Retirement for years of service: regular and Space Force officers in grades above brigadier general; regular Navy officers in grades above rear admiral (lower half).

        

Editorial Notes

Amendments

2023—Pub. L. 118–31, div. A, title XVII, §1722(b)(6)(E), Dec. 22, 2023, 137 Stat. 670, substituted "and Space Force lieutenant colonels; regular Navy" for "lieutenant colonels and" in item 633, "and Space Force colonels; regular" for "colonels and" in item 634, "and Space Force brigadier generals; regular Navy" for "brigadier generals and" in item 635, and "and Space Force officers in grades above brigadier general; regular Navy officers in grades above" for "officers in grades above brigadier general and" in item 636. Amendments were made pursuant to operation of section 102 of this title.

Pub. L. 118–31, div. A, title V, §508(a)(2), Dec. 22, 2023, 137 Stat. 242, which directed amendment of the analysis for this chapter by adding item 632 and striking out former item 632 "Effect of failure of selection for promotion: captains and majors of the Army, Air Force, and Marine Corps and lieutenants and lieutenant commanders of the Navy", was executed by making the amendment to the analysis for this subchapter to reflect the probable intent of Congress.

2021—Pub. L. 116–283, div. A, title V, §505(a)(2), Jan. 1, 2021, 134 Stat. 3568, added item 628a.

2008—Pub. L. 110–181, div. A, title V, §503(a)(3), Jan. 28, 2008, 122 Stat. 95, substituted "six years" for "five years" in item 630.

2001—Pub. L. 107–107, div. A, title V, §505(d)(4), Dec. 28, 2001, 115 Stat. 1088, struck out "regular" before "commissioned officers" in item 630, struck out "regular" before "first lieutenants" in item 631, and struck out "regular" before "captains and majors" and before "lieutenants and lieutenant commanders" in item 632.

1997—Pub. L. 105–85, div. A, title V, §506(c), Nov. 18, 1997, 111 Stat. 1726, substituted "regular officers in grades above brigadier general and rear admiral (lower half)" for "regular major generals and rear admirals" in item 636.

1985—Pub. L. 99–145, title V, §514(b)(5)(B), Nov. 8, 1985, 99 Stat. 628, substituted "rear admirals (lower half)" for "commodores" in item 635.

1981—Pub. L. 97–86, title IV, §405(b)(5)(B), Dec. 1, 1981, 95 Stat. 1106, substituted "commodores" for "commodore admirals" in item 635.

About This Section

10 U.S.C. § 626 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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Sources

Source: official Us Code text · Last verified 2026-08-27

Frequently Asked Questions About Us Code § 626

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Section 626 ("Acceptance of promotions; oath of office") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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